Common use of Amendment; Waiver; Consent Clause in Contracts

Amendment; Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by the parties hereto. No waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent otherwise agreed in writing, no waiver of any term, condition or other provision of this Agreement, or any breach thereof shall be deemed to be a waiver of any other term, condition or provision or any breach thereof, or any subsequent breach of the same term, condition or provision, nor shall any forbearance to seek a remedy for any non-compliance or breach be deemed to be a waiver of a party’s rights and remedies with respect to such non-compliance or breach.

Appears in 2 contracts

Samples: Purchase Agreement (Orthopediatrics Corp), Exchange Agreement (Acorda Therapeutics Inc)

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Amendment; Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by each of the parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed to in writing, no waiver by that party of any term, condition or other provision of this AgreementAgreement or breach by any other party of any of its obligations, representations or any breach thereof warranties hereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation or warranty by such other party, nor shall any forbearance by the first party to seek a remedy for any non-compliance noncompliance or breach by such other party be deemed to be a waiver by the first party of a party’s its rights and remedies with respect to such non-compliance noncompliance or breach.

Appears in 2 contracts

Samples: Escrow Agreement (Troika Media Group, Inc.), Merger Agreement (GST Telecommunications Inc)

Amendment; Waiver; Consent. This Agreement may not be changed, amended, terminatedterminated (except as otherwise provided in Section 9), augmented, rescinded or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by the parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any term, condition or other provision of this Agreement, Agreement or breach by the other party of any breach thereof of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any non-compliance noncompliance or breach by the other party be deemed to be a waiver by the first party of a party’s its rights and remedies with respect to such non-compliance noncompliance or breach. The parties hereby waive compliance with any bulk sales requirements applicable to this transaction.

Appears in 1 contract

Samples: Supply Agreement (Lightpath Technologies Inc)

Amendment; Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by the parties hereto. No waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed against whom such waiver is to have given or consented theretobe effective. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any term, condition or other provision of this Agreement, Agreement or breach by the other party of any breach thereof of its obligations or representations hereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any non-compliance noncompliance or breach by the other party be deemed to be a waiver by the first party of a party’s its rights and remedies with respect to such non-compliance noncompliance or breach.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Goodyear Tire & Rubber Co /Oh/)

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Amendment; Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its termsby performance), in whole or in part, except by a writing executed by each of the parties hereto. No , and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented a consent thereto. Except to the extent that a party hereto may have otherwise agreed to in writing, no waiver wavier by that party of any term, condition or other provision of this AgreementAgreement or breach by the other party of any of its obligations, representations or any breach thereof warranties hereunder shall be deemed to be a waiver of any other term, condition or provision subsequent or any breach thereof, or any subsequent prior breach of the same term, condition or provisionany other obligation or representation or warranty by such other party, nor shall any forbearance by the first party to seek a remedy for any non-compliance noncompliance or breach by such other party be deemed to be a waiver by the first party of a party’s its rights and remedies with respect to such non-compliance noncompliance or breach.

Appears in 1 contract

Samples: Option Agreement (James Cable Finance Corp)

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